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(영문) 수원지방법원 2019.09.19 2019고단3186
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 17, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Seoul Central District Court on July 17, 2013, and was sentenced to a fine of KRW 5 million for the same crime at the Seoul East East District Court on October 27, 2016.

【Criminal Facts】

On May 23, 2019, the Defendant, as a person who violated the foregoing provision on the prohibition of drunk driving twice or more times, once again, driven a bomb car at approximately 1.1km section from the Suwon-si Office to the Sochancheon-dong Maccheon-dong Maccheon-do Maccheon-si in the drunken-si under the influence of alcohol 0.094% of alcohol level around 05:54%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of two-yearly Acts and subordinate statutes of the judgment;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the Defendant has already committed the instant crime of drinking alcohol driving in spite of five times the records of criminal punishment due to drinking driving, and the Defendant is likely to repeat the crime without good quality of such crime.

However, taking into account the following circumstances: (a) the accused is led to confession and reflect; (b) there is no record of criminal punishment that exceeds the fine yet; (c) the accused’s age, family relationship; and (d) the circumstances after the commission of the crime; and (b) various sentencing conditions shown in the arguments and records, such as the accused’s age, family relationship; and (c) the details of the crime and the circumstances after the crime,

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